LEGAL PRINCIPLE: PRACTICE AND PROCEDURE – Judicial Discretion on Interlocutory Injunctions – Principles Governing Exercise of Judicial Discretion
PRINCIPLE STATEMENT
Judicial discretion must be exercised in accordance with relevant rules of law or practice and according to reason and justice, not based on private opinion, whim, humor, or sentiment.
RATIO DECIDENDI (SOURCE)
"It is of the very essence of the proper exercise of a judicial discretion that it be exercised in accordance with any relevant rules of law or practice and according to the rules of reason and justice and not in accordance with private or whimsical opinion, humour, or sentiment."
EXPLANATION / SCOPE
This principle defines the boundaries of judicial discretion, particularly in interlocutory matters like injunction applications. While judges possess discretion in certain decisions, this is not unfettered or arbitrary power. Discretion must be “judicial” in character—guided by legal principles, established practice, and objective standards of reason and justice. Personal preferences, subjective views, or arbitrary considerations have no place in judicial discretion. The exercise of discretion is subject to appellate review to ensure it meets these standards. This principle protects against capricious decision-making, ensures consistency and predictability in interlocutory practice, and maintains public confidence in judicial impartiality. Decisions based on improper considerations constitute miscarriage of discretion warranting appellate intervention.